Legal Opinion
Constance v. Food Emporium
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 2001PublishedCited by 1 opinion
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), entered October 2, 2000, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiff allegedly was injured when she slipped and fell on a shriveled and slimy lettuce leaf located in a puddle of dirty water. The defendants made a prima facie showing of their entitlement to judgment as a matter of law by demonstrating that they neither created the alleged dangerous…
2Cases cited6 opinions
- Anderson v. Klein's Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Anderson v. Klein's Foods, Inc.New York Court of Appeals · 1988
- Rotunno v. PathmarkAppellate Division of the Supreme Court of the State of New York · 1995
- Cuddy v. Waldbaum, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Marukos v. Waldbaums, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tiano v. Nick's Lobster & Seafood Restaurant & Clam BarAppellate Division of the Supreme Court of the State of New York · 2002